BIRMINGHAM, Alabama -- The Jefferson County Commission voted 3-2 Thursday to rezone property to expand a strip mining operation in the northern part of the county.

Commission President David Carrington and Commissioners Sandra Little Brown and Joe Knight voted to rezone 239 acres along Sardis Road near Kimberly. Commissioners Jimmie Stephens and George Bowman voted against the rezoning.

The hearing began in the morning and finished late in the afternoon after a four hour intermission to allow commissioners to attend to previous commitments. More than a dozen residents packed the chamber and all spoke in opposition to the rezoning.

Charlie Beavers, a lawyer for the applicants, said he was pleased with the vote and his clients would adhere to several restrictions placed on the rezoning including the time and days when blasting could occur. Clay Ragsdale, an attorney for some of the residents in the area, said he plans to appeal the decision.

More than a hundred residents had petitioned the Jefferson County Commission to oppose the expansion of a strip mining operation in the northern part of the county.

Ragsdale told commissioners that residents in the area "were seriously burdened" by the mining which led to foundation cracks in many of the houses.

Dale and Susan McWhorter said they moved into the area to sit on their back porch, see the stars and listen to the birds, but the tranquility is interrupted by the rumble of coal trucks. "The coal trucks are competing with the school buses," they said.

Beavers, who represented Black Warrior Mining Company, the applicant, said his clients have received only 11 complaints in two and a half years about damages and all were not related to the mining by his clients.

Beavers said the commission thoroughly reviewed the case and made the right decision.

"I was impressed with the time this commission devoted to this case," Beavers said after the meeting. "We respect the conditions and limitations that this commission imposed on this property as a condition to rezone."

SumLeaRan, LLC owns the surface and the Huddleston family owns the minerals. They have leased the property for mining to Black Warrior Mining, Inc., according to Beavers.

Beavers said his clients would adhere to additional covenants required by the commission and contributed $5,000 to the Mount Oliver Fire District.

The coal mined from the area will be sold to Alabama Power Company, according to documents provided to the county.

Still, residents said they were upset with the outcome of the split vote.

"It's hard to fight a company that has money and influence," said Linda Jett, who spoke in opposition. "This isn't the end of it. The community will stay involved. It's our homes we are talking about."